JUDGMENT :

RAJIV SHARMA, J.

1. This regular second appeal is directed against the judgment and decree of the learned District Judge, Solan, H.P., (Camp at Nalagarh), dated 16.12.2008, passed in Civil Appeal No. 11NL/13 of 08/07.

2. “Key facts” necessary for the adjudication of this regular second appeal are that the appellants-plaintiffs (hereinafter referred to as the plaintiffs), have instituted suit for declaration and for possession as coparceners and permanent prohibitory injunction against the respondents-defendants (hereinafter referred to as the defendants). According to the averments made in the plaint, the land measuring 36 bighas 3 biswas, fully described in the plaint, as entered in copy of jamabandi for the year 1994-95, is situated in the village Kaundi, H.B. No. 416, Pargana Kharampur, Tehsil Nalagarh, Distt. Solan, H.P., (hereinafter referred to as the suit land). The plaintiffs and defendants No. 3 & 4 are Hindu Rajput and constitute joint Hindu Mitakshra Coparcenary Family. The pedigree table was also reproduced in the plaint. The property was previously owned by the common ancestor Ganga Ram. He died on 1.2.1951 and suit land was inherited by Banarsi Dass, son of Ga